DHCR Relies on HPD Records to Find Heat Not Provided to Tenant

Rent-stabilized tenant complained to the DHCR of a reduction in required services based on no heat. HPD records showed a violation had been issued for inadequate heat throughout the building. The DRA asked landlord to show if the HPD violation had been cured. Landlord argued that the violation was still outstanding but applied only to a different apartment, not tenant's apartment. The DRA ruled for tenant and reduced his rent. Landlord later filed an application to restore rent, arguing again that the heat violation didn't involve a building-wide condition and applied only to a different apartment. The DRA ruled against landlord since that HPD violation was still open.

Landlord appealed and lost. The DRA properly relied on HPD records showing that a "code #644" violation had been issued. These violations are issued when HPD's inspector determines and verifies that there is no heat in a building. The HPD violation in question therefore supported a finding that there was no heat in the entire building and inadequate heat in tenant's apartment.

Dov Land USA LLC: DHCR Adm. Rev. Docket No. HQ210038RO (8/18/20) [2-pg. doc.]